Breach Of Contract And Tort Liability Of Competing Research

Concurrence between liability for breaching contract and tort has long been a controversial issue. This thesis comparatively analyzes the existing doctrines and legislation about concurrence which are applied in the continental and common legal family, and discusses the relation between contractual liability and tort liability. It also analyses the reasons for concurrence between contractual liability and tort liability, that is the independence and coincidence of contractual law and tort law, and provides the system of liability concurrence in China.Chapter 1 Differentiation between contractual liability and tort liability: a brief introduction to liability for breaching contract and tort liability.Chapter 2 Concurrence between liability for breaching contract and tort: discussion on the theories and legislation in the continental and common legal family as well as the judicial practice about concurrence in China.Chapter 3 The relation between contractual liability and tort liability: the analysis on the independent and coincident relationship of contractual law and tort law .Chapter 4 The discussion of concurrence between liability for breaching contract and tort: the analysis on the reasons for concurrence between contractual liability and tort liability from the perspective of the civil liability and protected benefits, with the liability concurrent system in China provided.